{"id":"F2009B00239","name":"Civil Aviation Act 1988 - Direction pursuant to section 12 concerning the performance of CASA's functions and the exercise of its powers","slug":"civil-aviation-act-1988-direction-pursuant-to-section-12-concerning-the-performance-of-casa-s-functi","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":76382,"registerId":"commonwealth-F2009B00239-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation Act 1988 - Direction pursuant to section 12 concerning the performance of CASA's functions and the exercise of its powers","content":"Instrument Number M5/2001\n\nCOMMONWEALTH OF AUSTRALIA\n\nCivil Aviation Act 1988\n\nDIRECTION PURSUANT TO SECTION 12 CONCERNING THE PERFORMANCE OF CASA’s FUNCTIONS AND THE EXERCISE OF ITS POWERS\n\nI, JOHN DUNCAN ANDERSON, Minister of State for Transport and Regional Services, acting pursuant to subsection 12(1) of the Civil Aviation Act 1988 (the Act) HEREBY DIRECT the Civil Aviation Safety Authority (“CASA”) to include as a note on the first  \npage of all Civil Aviation Orders, which CASA gives or issues under the Act or  \nregulations made under the Act (the Regulations), the Relevant Authorising Provision.\n\nThis direction applies to all Orders that CASA gives or issues after the date of this  \nDirection.\n\nIn this Direction, “Relevant Authorising Provision” means the section(s) of the Act or  \nthe provision(s) of Regulations to which the Order specifically relates. It does not mean subsections 98(4A) or 98(5) of the Act, Regulation 5 of the Civil Aviation Regulations  \n1988 nor any other provision of the Regulations which confers the power to issue Orders  \non CASA.\n\nDated this 6th day of March 2001.\n\nJOHN ANDERSON","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Direction does not change CASA's statutory functions or powers under the Civil Aviation Act 1988. It imposes an administrative formatting and disclosure requirement for future Civil Aviation Orders (identifying the specific authorising provision) and excludes certain grant-of-power provisions from being cited as the 'Relevant Authorising Provision.'"},"complexity_factors":["Narrow, single-purpose administrative requirement (low inherent legal complexity).","Prospective application only — applies to Orders issued after the Direction date (6 March 2001).","Definition of “Relevant Authorising Provision” excludes certain provisions (ss 98(4A), 98(5) and Reg 5) creating a small interpretive task to identify which provisions 'specifically relate' to an Order.","Operational implementation: updating templates and ensuring consistent legal citation across all future Orders.","Low policy complexity but minor legal-interpretation risk where Orders rely on multiple provisions or where the connection to a specific provision is contested."],"plain_english_summary":"This Direction requires the Civil Aviation Safety Authority (CASA) to place, on the first page of every Civil Aviation Order issued after 6 March 2001, a note stating the “Relevant Authorising Provision” — the specific section(s) of the Civil Aviation Act 1988 or provision(s) of the Regulations to which the Order specifically relates. The Direction expressly excludes subsections 98(4A), 98(5), Regulation 5 of the Civil Aviation Regulations 1988 and other provisions that merely confer the power to issue Orders.\n\nThe measure changes CASA’s administrative practice (CASA bears any implementation cost) and provides Order recipients with an explicit citation of legal authority; it does not itself expand or reduce CASA’s statutory powers."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a narrow, procedural administrative direction issued under a specific ministerial power (section 12). It has not expanded beyond its original purpose of improving transparency in regulatory documentation."},"complexity_factors":["Single operative clause with one clear requirement","Only one defined term ('Relevant Authorising Provision') with explicit exclusions","No cross-references to other legislation beyond the parent Act and Regulations","No conditional logic or exceptions beyond the simple carve-out for generic empowering provisions","Total length under 200 words"],"plain_english_summary":"This is a formal instruction from the federal Transport Minister to Australia's aviation safety regulator, CASA (the Civil Aviation Safety Authority). The Minister is telling CASA that whenever it creates or updates a Civil Aviation Order (a type of safety rule), it must put a note on the first page showing exactly which part of the law gives CASA the power to make that specific rule. This helps people understand the legal basis for each safety requirement. The direction applies to all new Orders issued after 6 March 2001, but excludes generic 'power to make rules' provisions—focusing instead on the specific safety matter being regulated."}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-act-1988-direction-pursuant-to-section-12-concerning-the-performance-of-casa-s-functi","history":"/api/acts/civil-aviation-act-1988-direction-pursuant-to-section-12-concerning-the-performance-of-casa-s-functi/history","analysis":"/api/acts/civil-aviation-act-1988-direction-pursuant-to-section-12-concerning-the-performance-of-casa-s-functi/analysis","conflicts":"/api/acts/civil-aviation-act-1988-direction-pursuant-to-section-12-concerning-the-performance-of-casa-s-functi/conflicts","importantCases":"/api/acts/civil-aviation-act-1988-direction-pursuant-to-section-12-concerning-the-performance-of-casa-s-functi/important-cases","documents":"/api/acts/civil-aviation-act-1988-direction-pursuant-to-section-12-concerning-the-performance-of-casa-s-functi/documents"}}